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May 20, 2019 by PILLI Law

Common Questions About the Steps in a Personal Injury Case

Personal Injury Lawyer

Every personal injury case is different. There are so many variables and elements of a victim’s injury accident that they cannot all be treated the same. However, there are a series of steps that personal injury cases can go through, as the victim seeks financial compensation from the party at-fault for their losses and damages. It is highly recommended that anyone in such a situation seek legal counsel while going through the following steps of investigation, discovery, mediation, trial, and appeal.

Q: What are my attorney and I likely to discuss during a consultation?

A: During an appointment with an attorney, he or she will want to know more about your injury accident, such as whether another party had been negligent or reckless, if there is a person or company to seek compensation from, medical costs, severity and prognosis of injuries, and names of witnesses. After a legal consultation, your attorney can recommend whether it is in your best interest to take action against the offending party.

Q: Can an attorney help investigate my claim further?

A: Yes, when you retain legal counsel, an attorney can independently look deeper into your injury accident, police reports, photographic evidence, witness testimonies, and medical bills. Your attorney can also talk with witnesses for statements, like reconstruction or medical experts, as a way to increase credibility and establish fault. Furthermore, your attorney can work with you throughout every step in the personal injury case process, to increase your chances of a positive outcome.

Q: What does the discovery phase entail?

A: During the discovery phase, both parties receive evidence from the other side, and are able to evaluate the strength of the opposition’s case. Typically, both sides have up to thirty days to produce the requested documents. In some instances, the court is needed to resolve discovery disputes. After the discovery phase has concluded, the parties have usually decided whether to settle the matter or move forward to trial.

Q: Is mediation an option for me in a personal injury case?

A: Depending on the circumstances of your personal injury accident, mediation may be a reasonable option to try. With mediation, both parties attend a meeting with a professional mediator present and try to arrive at an agreement without attending court. Mediation sessions are often informal and it may take several meetings before a resolution is made (if one is reached at all). The potential benefit of mediation is that both sides can meet in the middle over the matter, avoiding the stress and costs associated with attending court.

Q: What if mediation doesn’t work, what happens then?

A: If mediation was unsuccessful, then the personal injury case moves on to trial. With this step, the decision maker is often a jury, who shall evaluate proof, consider facts, determine fault, and then potentially award compensation to the victim. If a case goes to trial, it is crucial to the outcome to retain a personal injury lawyer in Milwaukee, WI who is experienced in personal injury accidents.

Thanks to Hickey & Turim, SC for their insight into personal injury claims and steps to take filing your claim.

Filed Under: Personal Injury

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